Venice Justice Committee v. City of Los Angeles

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:16-cv-01115-DDP-SS Document 15 Filed 07/10/16 Page 1 of 5 PagelD#:172

CAROL A. SOBEL SBN 84483
COLLEEN M. MULLEN SBN 299059
JUSTINE M. SCHNEEWEIS SBN 305672
LAW OFFICE OF CAROL A. SOBEL

3110 Main Street, Suite 210
Santa Monica, California 90405
T. 310 393 3055
E. carolsobel@aol.com
E. mullen.colleenl@gmail.com
E. Justine.schneeweis@gmail.com

JOHN P. GIVEN SBN 269787
2461 Santa Monica Boulevard, #438
Santa Monica, California 90404
T. 310 471-8485
E. john@johngiven.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT
IN AND FOR THE CENTRAL DISTRICT OF CALIFORNIA

VENICE JUSTICE COMMITTEE, et al., Case No. cv-16-01115 DDP (SSx)

Plaintiffs, PLAINTIFFS’ REQUEST FOR

JUDICIAL NOTICE IN SUPPORT

v. OF THEIR OPPOSITION TO

THE MOTION TO DISMISS

CITY OF LOS ANGELES, et al.,

Date: August 1, 2016
Time: 10:00 a.m.

Ctrm: 3

Defendants.

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:16-cv-01115-DDP-SS Document 15 Filed 07/10/16 Page 2 of 5 PagelD#:173

Plaintiffs request that the Court take judicial notice of the 1906 deed from
the Abott Kinney Co. and the City of Ocean Park, giving the property now known
as the Venice Boardwalk “to be used for the construction of a public sidewalk and
for no other purpose.” A true and correct copy of the deed is attached as Exhibit
1. The document bears the official seal of the City of Los Angeles, attesting to the
fact that Exhibit 1 is a “true and exact copy” of the document in the files of the
City of Los Angeles.

A fact may be judicially noticed if it is not subject to reasonable dispute
because it is “capable of accurate and ready determination by resort to sources
whose accuracy cannot reasonably be questioned.” United States v. Burch. 169
F.3d 666, 671 (10th Cir. 1999) (quoting FRE 201(b)(2)). The Court is required to
take judicial notice of a fact “if a party requests it and the court is supplied with
the necessary information.” FRE 201(c)(2).

As a publicly available document bearing the official seal of the Defendant
City, the deed which is the subject of this request for judicial notice is precisely
the type of fact that is “capable of accurate and ready determination by resort to
sources whose accuracy cannot reasonably be questioned.” FRE 201(b)(2). See
also Reiner v. Washington Plate Glass Co., Inc., 711 F.2d 414, 416 (D.C. Cir.
1983) (judicial notice is properly taken of a deed).

Dated: July 10, 2016 Respectfully submitted,

LAW OFFICE OF CAROL A. SOBEL

/s/ Carol A. Sobel

By: CAROL A. SOBEL

Attorneys for Plaintiffs

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:16-cv-01115-DDP-SS Document 15 Filed 07/10/16 Page 3 of 5 PagelD#:174

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document and the Opposition to
the Motion to Dismiss were served this date on all counsel of records by means of
the Court’s Electronic Court Filing system (“ECF”).

Dated: July 10, 2016 /s/ Carol A. Sobel

CAROL A. SOBEL-

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Case 2:16-cv-01115-DDP-SS Document 15 Filed 07/10/16 Page 4 of 5 PagelD#:175

EXHIBIT 1

Case 2:16-cv-04'il5-DDP-SS Document 15 Filed 07/10/16 Page 5 of 5 Page ID #:176 127
2628/137 ^'0 ' V */ ■ r

L+i) f -

THIS INDENTURE, Made the ?lst. day of January in the year of our
lord one tnousand nine hundred six (1906)

Between A^bot Kinney Co«, a corporation, and A. R. Fraser,
n „ ;.l. Jones and H. R. Gage, of Los •o-nreles County, Cali:ornia, the
parties of the first part, and The City of Ocean Park a municipal
corporation, of Los Angeles County, California, the party of the
second part.

WITNESSETH, That the said parties of the first part, for and
in consideration of the sum of Five ($5.00) Dollars, lawful money
of the United States of America, to them in hand paid by the said
party of the second part, the receipt whereof is hereby acknowledged,
have remised, released and forever quitclaimed, and by these presents
do remise, release and forever quitclaim unto the said party of the
second part, and to its successors and assigns, all that certain
lot, piece or parcel of land, situate, lying and being in the City
of Ocean Park County of Los Angeles, and State of California, and
hounded and particularly described as follows, to-wit:

The Northeasterly twenty (20) feet, front and rear, of that
portion of Lot No. 176 fr 179, Crescent Hay Tract lying south of the
southerly line of Marine Street extended, according to a map of
said tract recorded in Book 2, Page 13 fr 14 of Maps, records of
said Los "nreles County; The North Easterly twenty (20) feet, front
and rear, of Lots A, B, C, D, E, F, G, H 5 I, Golden Bay tract,
according to a map of said tract recorded in Book 2, Pape 15 of
Maps, records of said Los Angeles County; the North Easterly twenty
(20) feet, front and rear, of Lots No. 8, 9, 10, 11 and 12 of the
Country Club tract, according to a map of said tract recorded in
Book 3, page 76 of Maps, records of said Los Angeles County;

The above described strip of land ad,loins the "hoard walk on
the west, along the Ocean Front, from the southerly line of Marine
street extended, to the Northerly line of Horizon Avenue.

TOGETHER with all and singular the tenements, hereditaments
and appurtenances thereunto belonging, or in anywise appertaining,
and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof; and also all the estate, right, title
interest, property possession, claim and demand whatsoever, as well
in law as in equity, of the said parties of the first part, of, in
or to the said premises, and every part and parcel thereof with
I the uppur tenances.

TO HAVE AHD TO HOLD, All and singular the said premises.

[together with the a purtenances unto the said party of tne second
* part, and to its successors and assigns forever; —

IT 3EIJG HEREBY UNDERSTOOD AND AGREED that said strip of land
is to be used for the construction of a public sidewalk and for
no other purpose.

IN WITNESS ./HEREOF the Abbot Kinney Co. of tne first part has
hereunto caused its corporate name and seal to be affixed by its
President thereunto duly authorized and the other said parties of
tne first part have hereunto set their hands and seals the day and
year first above written.

Signed, Sealed and Delivered in the Presence of
A. R. Fraser

^ Abbot Kinney Co.,

(1 i \ v j by Abbot Kinney, Pres.

i’rW G. M. Jones

l f f H. R. Gage

' A*

J HERETO CERTIFY THIS TO
ȣ A TfiUB JWID EXACT

Deputy City Clerk

D*TB